Dispute resolution services
Arbitration

Arbitration, a form of out-of-court settlement, is a process where an independent and impartial third party, called an arbitrator, considers the facts and evidence presented by the parties and makes a decision that is often legally binding on one or both parties.

The arbitrator acts like a judge and has the authority to decide the outcome of the dispute. Arbitration is usually based on an agreement between the parties, either before or after the dispute arises, where they agree to submit their dispute to arbitration and abide by the arbitrator’s decision. 

Examples of where arbitration may be more appropriate: 
  • When you want to have a definitive and binding resolution of the dispute that cannot be challenged or overturned by a court. 
  • When you do not mind giving up some control over the outcome and trust the arbitrator’s judgement and expertise. 
  • When you do not need or want to preserve a relationship with the other party and are willing to accept a win-lose situation. 
  • When you want to avoid publicity and exposure of sensitive or confidential information. 
Why choose Arbitration with Impress?
Legally binding resolution

It provides a final and enforceable resolution of the dispute that can avoid further litigation or appeals.

Quick and affordable outcomes

It can be faster and more cost-effective than going to court, depending on the complexity and length of the arbitration process. 

High flexibility

It can offer more flexibility and choice in terms of the rules, procedures, and criteria for the arbitration. 

Expert solutions

It can allow for more expertise and specialisation in dealing with technical or complex issues. 

Arbitration Process

Arbitration is a flexible but legally binding process. It is designed to resolve disputes fairly and efficiently outside the courtroom. 

Step 1: Get help from Impress 

The first step is to request support from Impress and share any supporting documentation. We will have an initial discussion with you, during which we will discuss your options and after which we’ll review your submission. We may get in touch requesting more information before making the decision to proceed. If arbitration isn’t the best option, we’ll guide you on other potential avenues to pursue.

Step 2: The request

Once the decision has been made to proceed, the next step is to make a straightforward request to the other party on your behalf to initiate the arbitration process. The request contains basic information like the names and contact details of the parties involved, a summary of what the dispute is about, and what resolution is being sought.

Step 3: The response

The other party will respond as to whether they agree to enter into arbitration. They may include their position and outline what they see as a resolution. Should they ignore or decline the request for arbitration, we will review your options for next steps. Should the other party be pushing for court, this could be in your favour, because it’s clear that you tried to reach a resolution, and a court would take this into consideration before making their recommendation (which would in turn be to continue to pursue arbitration). No fees will be charged up until this point.

Step 4: The agreement

Should the other party agree to arbitration, you’ll both be asked to sign an agreement stating that you’re willing to engage in the arbitration process. This is the formal kick-off of the process and fees will need to be paid now and at various points onward.

Step 5: Appointing an arbitrator

Impress will then appoint an independent third-party arbitrator from a panel of specialists in conjunction with the Chartered Institute of Arbitrators (CIArb). The CIArb is an independent charity body that seeks to promote dispute avoidance and resolution. All of their arbitrators are qualified barristers and solicitors who specialize in arbitration and are experienced practitioners in their designated area of law. 

Step 6: Preparation

After the appointment of an arbitrator, it is time to prepare. This involves collecting any documents and information relevant to the case. Impress will spend time with you, finding out exactly what led to the need for arbitration. Both parties will share any relevant information with each other and the arbitrator. You’ll clarify if any witnesses or experts will participate in the process.

The arbitrator may ask one or both parties to supply additional information, establish a base for the case, and explain the procedure. 

Step 7: Impress support

Throughout the process, Impress will handle all case management and administration. We will log all correspondence and help keep everything on track, including setting up a hearing or video conference.

Step 8: Impress support

Ideally through the process the arbitrator has been able to guide both parties towards a fair settlement. The arbitrator, now having a clear perspective on the matter from both sides, weighs up the arguments, and makes a decision.  

This judgement is legally binding, and there is little room for appeal. Outcomes can include the award of costs, damages, and additional directions. If there is an award, both parties will be notified in writing and given a chance to respond before a final award is issued.